The ERD Court has criminal enforcement powers by virtue of the offence provisions in the Planning, Development and Infrastructure Act 2016 (SA). All offences are dealt with as summary offences [s 218]. Prosecutions for offences under the Act must be commenced within three years of the date of the offence, unless the Attorney-General's authorisation has been obtained in which case it is up to ten years [s 219].

Fines which can be imposed by the court are significant. For example, a person who is convicted of undertaking development without appropriate authorisation may be fined up to $120 000 [s 215(2)]. An additional penalty can also be imposed up to the estimated amount of economic benefit that has or would be obtained in contravention of the Act [s 229]. The recovery of the economic benefit that is paid to the State Planning Commission in accordance with s 229(1) must be paid into the Planning and Development Fund. Furthermore, a default penalty of up to $500 per day may be imposed and applies for every day on which the offence continues after the date of conviction for the original offence. In extreme cases, a person who fails to comply with court orders to remove illegal development can be convicted of contempt of court.

Further prescribed offences by a body corporate (which includes offences by a director and chief executive officer) are outlined in section 220 of the Act. The maximum penalties for offences committed by a body corporate are 5 times higher than would otherwise be the case [s 221]. Furthermore, the state of mind of an employee, agent or officer of a body corporate who is acting in the course of their duties when committing the offence will be imputed to the body corporate for the purpose of offences under the Act [s 226]. As part of the SA planning system legislative reform, corporate multiplier penalties and directorial liability have been enacted to target breaches of the planning system. These penalties are intended to be more significant than under previous legislation, where cost penalties were previously being absorbed into the ‘costs of doing business.